Self-employed permit application

[tubatoob]

Hi,

I'm a self-employed software developer and I'm currently considering applying for a residence permit so I can move to Finland. Is there anyone around here that is a non-EU/EEA citizen (nor married to one) and has gone through the process? I could really use some clarification. I'm an unattached New Zealander myself, currently in Montreal, Canada on a working holiday. The "Starting a business in Finland" thread has been informative, unfortunately most of the information applies to people already living in Finland. I've read the various immigration resources, my confusion stems from the fact that "As a rule, a self-employed person must register his/her business with the Trade Register at the National Board of Patents and Registration before a residence permit can be issued". This seems somewhat backwards, how can I establish a business in Finland before I'm even there?

As a non-EU/EEA resident it seems that I would need to apply for a permit from the National Board of Patents and Registration, this is only required if you're not resident in the EU/EEA. Presumably this is for people that intend to run the business while residing outside the EU/EEA, I don't plan to do so. Furthermore "When you notify a private trader for entry in the Trade Register, the trader must have a representative who is entitled to receive summons and other notifications on behalf of the trader. The representative must be domiciled in Finland. If, however, the trader is resident in the EEA, no separate representative is needed". So, I also need a representative in Finland just so I can register my business?

I could come to Finland on a working holiday permit, valid for 12 months, which should eliminate the need for a permit from the National Board of Patents and Registration, and allow me to register a business without a representative. Of course then I can't apply for a proper residence permit without leaving Finland again due to the "First residence permit must be applied for outside Finland" rule. Almost seems like I have to gain residency in another EEA country and do the business registration and residency permit application from there, I can get a working holiday permit in Germany for 12 months easily enough, but it all seems overly convoluted.

[rinso]

"As a rule, a self-employed person must register his/her business with the Trade Register at the National Board of Patents and Registration before a residence permit can be issued". This seems somewhat backwards, how can I establish a business in Finland before I'm even there?

Main reason is that they can evaluate your business plan. If it is not promising you won't get a RP.
(just to close a loophole in the RP system)

Presumably this is for people that intend to run the business while residing outside the EU/EEA

EU citizens have less barriers in applying for a RP.

So, I also need a representative in Finland just so I can register my business?

It's the communication channel while you're still abroad. After you got your RP and live in Finland, you don't need him anymore.

I could come to Finland on a working holiday permit, valid for 12 months, which should eliminate the need for a permit from the National Board of Patents and Registration, and allow me to register a business without a representative. Of course then I can't apply for a proper residence permit without leaving Finland again due to the "First residence permit must be applied for outside Finland" rule.

A working holiday permit doesn't allow for a renewal on a different ground. After 12 months you have to leave Finland again.
I expect they will reject any application you make during your working holiday. And after a rejection the next application will be treated with suspicion.

[Pursuivant]

A working holiday permit doesn't allow for a renewal on a different ground.

It doesn't? Did the rule change at some point? AFAIK you can apply for a new RP while in the country if you are on a RP (not visa or a waiver) - there were a few people here that got a RP while on a Working Holiday (you can't renew the WH, thats a fact, but getting a RP on other grounds)

[rinso]

I'm sure I read somewhere that you have to return home after the 12 months period. The stay cannot be extended. (They even ask for a return ticket)
And the main purpose of a WH is an extended holiday. Coming with the intention to create a full time job for yourself goes against the intention of the WH residence permit (the small print) and might raise some eyebrows.

[Rosamunda]

hmmm....

Maybe one way around this (I am guessing but it might be worth some investigation) would be to open a "Branch of a Foreign Organization" (Ulkomaisen elinkeinonharjoittajan sivuliike).

You can apply (from outside the EEA) for permission for a trading permit from PRH. I have NO IDEA how one of these works but from the little bit of info I have read, it is possible to do this if you already have a company registered in another country (I guess PRH will check this is a bona fide company).

Presumably, if you succeed in opening a branch of your company in Finland, you can then offer yourself a job here with a permanent contract... and get an RP


hmmm... that sounds too easy

[Pursuivant]

I'm sure I read somewhere that you have to return home after the 12 months period.

'Well, this guy done it.
viewtopic.php?f=20&t=44031

Dunno if peachfuzz here made it
viewtopic.php?f=20&t=27079

You cannot renew a WH RP, but say you got married - RP entitles you to be in the country, and being legally on a RPP in the country entitles you to apply... I don't think they have a huge problem with Ozzies and Kiwis immigrating...

[tubatoob]

"As a rule, a self-employed person must register his/her business with the Trade Register at the National Board of Patents and Registration before a residence permit can be issued". This seems somewhat backwards, how can I establish a business in Finland before I'm even there?

Main reason is that they can evaluate your business plan. If it is not promising you won't get a RP.
(just to close a loophole in the RP system)

The business idea and documents indicating profitability need to be supplied with the residence permit application, there is no loophole to be closed. From migri.fi:

In order to be granted a permit, the applicant's business activity must be profitable. The profitability of the business activity is estimated on the basis of various reports that are obtained in advance, such as the business plan or binding preliminary contracts and funding agreements. The deliberation is conducted by the Centres for Economic Development, Transport and the Environment (ELY centres).

Anyway, if no one has any first hand experience of going through this process then I'll have to ask the Finnish embassy (and hope they know what they're talking about).

[tubatoob]

You cannot renew a WH RP, but say you got married - RP entitles you to be in the country, and being legally on a RPP in the country entitles you to apply... I don't think they have a huge problem with Ozzies and Kiwis immigrating...

Yes, marriage simplifies immigration. It is however a rather unpredictable beast, not something I want to rely on if other options are available.

[Pursuivant]

Which I was saying to someone else, if you haven't been to the UK on a WH, keep that as "plan B". Come here, organize your sh*t, then you can go to the UK if they give you the kick in the nuts... its closer anyways. Then work on Plan C...

[finlandforumuser]

Easiest path is to find spouse in Finland with permanent status. It is not so complex, just look dating website.
Next option, since you are going to work here you can agree with your prospective customer to have contract to hire. This allows you to make work permit.

[tubatoob]

Which I was saying to someone else, if you haven't been to the UK on a WH, keep that as "plan B". Come here, organize your sh*t, then you can go to the UK if they give you the kick in the nuts... its closer anyways. Then work on Plan C...

That's a good idea, I'm still eligible for the UK WHP, so going to the UK first may indeed make things easier, from there I should be able to register a business in Finland without a permit nor a separate representative, and might as well take the opportunity to painlessly exchange my Australian driver's license for a UK one so I don't have to deal with it in Finland.